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View Full Version : Advise PLEASE: Contract Stated Vacation Disputed Now by Employer


erinjb
10-17-2005, 12:17 PM
My husband took a job, January 5th of this year, and though he didn't get many things detailed in his contract (lesson learned!!) he did get the vacation detailed. The contract states...

He will get 2 weeks of paid vacation in the first year of employment, and will have the opportunity to take a 3rd week of vacation unpaid "because of his upcoming honeymoon".

So we got married last month, took the 2 weeks plus the additional 3rd unpaid...and now his company is stating that he doesn't get 2 weeks of paid vacation until AFTER he has worked for the company for 12 months!!! But is say the above in the contract. I don't understand????

Can someone explain this to me? Or do we need to sue them for lost wages?

Oh and before they said the above they said that he couldn't take the days at all because the company closes between Christmas and New Years and that would be all the vacation he would be granted. This was NEWS to both of us...even if they give you 2 weeks of vacation can they say 9 months into the year, oh yea, all employees have to take that vacation over the holidays???? That just doesn't seem right - not 9 months into the year???

Beth3
10-17-2005, 12:21 PM
Are you sure this is a bonafide employment contract or is the document you're referring to actually an offer letter?

erinjb
10-17-2005, 12:34 PM
Good question...I guess I would have to say that it was probably the offer letter.

Beth3
10-17-2005, 12:58 PM
An offer letter basically states what an employer intends to have happen; it is not a contract or a binding agreement, although your husband would have to show it to an attorney to be certain. It all depends upon the exact wording of the letter. Assuming it's just an offer letter though, it stinks if the employer renegged on the extra week of vacation for your honeymoon but nothing illegal has taken place.

They are also free to require employees to take their vacation between the Christmas and New Year's holidays.

erinjb
10-17-2005, 01:13 PM
Well that sure stinks!! I can't believe they can do that. Just blows my mind the lack of morality and ethical behavior.

Thanks for your input. I'm not going to stop skwaking at them because it just is wrong to give 2 weeks paid in Janaury and reneg them in September! Law or no law, it is wrong.

Beth3
10-17-2005, 01:30 PM
I'm not going to stop skwaking at them because it just is wrong to give 2 weeks paid in Janaury and reneg them in September! Law or no law, it is wrong. I understand why you are irritated but a word of caution - (1) you have no legal standing in your husband's employment relationship, and (2) it would be completely legal for them to fire your husband if they get tired of you complaining about the situation to them (assuming that's what you mean by skwaking at them.)

Your husband may wish to have a conversation with his boss about the offer that was made and what the reality turned out to be but I urge you to stay out of it.

erinjb
10-17-2005, 01:47 PM
of course I would NEVER speak directly with his employer - then I would be just as bad as them - yikes! Oh my gosh, no. I should have more clearly put, complaining about them to my husband and pushing him to resolve the situation rather than shy away from having the uncomfortable conversations - he is just too nice.

Beth3
10-17-2005, 01:56 PM
I thought you meant you were going to call up his boss or HR and complain. Not the best way to go. :)

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